Obama needs to lead on racial profiling legislation

By Nafees Syed

updated 11:05 AM EDT, Fri August 15, 2014

Protesters march in Ferguson, Missouri, on Thursday, August 21. The St. Louis suburb has been in turmoil since a white police officer, Darren Wilson, fatally shot an unarmed black teenager, Michael Brown, on August 9. Some protesters and law enforcement officers have clashed in the streets, leading to injuries and arrests.

A crowd gathers in Ferguson on August 21. With the situation appearing to calm, Gov. Jay Nixon ordered the Missouri National Guard to begin withdrawing from the city.

Police escort a Wilson supporter to a police vehicle, away from crowds protesting Brown's death on Wednesday, August 20. Police have said Brown and Wilson struggled over the officer's gun; some witnesses said Brown had his hands in the air when he was shot.

Lightning streaks over protesters on August 20.

Demonstrators protest on August 20.

U.S. Attorney General Eric Holder meets with Capt. Ron Johnson of the Missouri State Highway Patrol at a Ferguson restaurant on August 20. Holder came to Missouri to talk to community leaders and review the federal civil rights investigation into Brown's shooting.

Protesters march through the streets of Ferguson on August 20.

Police point out a demonstrator who has his arms raised before moving in to arrest him Tuesday, August 19.

People watch from inside a restaurant as protesters rally August 19.

Police arrest a demonstrator on August 19.

Police charge into the media work area with weapons drawn as they try to control demonstrators on August 19.

A protester speaks to a police officer on August 19.

People on August 19 stand near a memorial where Brown was shot and killed.

Protesters march on August 19.

Police watch as protesters march August 19.

A demonstrator is arrested on August 19.

Police try to control protesters on Monday, August 18.

Police lead a man away during a protest August 18.

A demonstrator shouts during a protest on West Florissant Avenue, one of Ferguson's main streets, on August 18.

Capt. Ron Johnson of the Missouri State Highway Patrol pulls his men back from aggressive protesters on August 18.

Police arrest a demonstrator August 18 after peaceful protests gave way to angry confrontations with authorities.

Law enforcement officers stand guard during a protest on West Florissant Avenue on August 18.

A woman helps a man affected by tear gas August 18. The situation overnight deteriorated after a handful of protesters threw rocks, bottles and Molotov cocktails at police. Officers responded by firing stun grenades and tear gas canisters.

Officers stand with weapons drawn during a protest on West Florissant Avenue on August 18.

Musician Nelly, center, joins demonstrators in Ferguson on August 18.

Demonstrators receive red roses as they protest August 18.

Demonstrators march on August 18.

The Rev. Jesse Jackson shakes hands with a police officer as he visits Ferguson's demonstration area on August 18.

A protester picks up a tear gas canister on Sunday, August 17.

Police wait to advance after using tear gas to disperse protesters August 17.

Water gets poured into a woman's eyes after a tear gas attack by police on August 17.

A man runs through clouds of tear gas on August 17.

Protesters react as police fire tear gas at them August 17.

Police advance through a cloud of tear gas on August 17. Most of the crowd had dispersed after a curfew went into effect at midnight, St. Louis County authorities said.

People take cover from tear gas inside a McDonald's on August 17.

A large group of police officers advance toward protesters on August 17.

A man fights the effects of tear gas in Ferguson on August 17.

Michael Brown Sr. and Lesley McSpadden, the parents of Michael Brown, attend a rally at Greater Grace Church in Ferguson on August 17.

The Rev. Al Sharpton hugs McSpadden during the rally.

Capt. Ron Johnson of the Missouri State Highway Patrol speaks at the rally. He had been appointed by the governor to take control of security operations.

Demonstrators defy a curfew early on August 17.

Police fire tear gas at demonstrators after curfew on August 17.

A law enforcement officer aims his rifle August 17 after tear gas was fired to disperse a crowd.

People scramble as police fire tear gas on August 17.

Law enforcement officers check a building on August 17.

People attend a protest after the midnight curfew on August 17.

A law enforcement officer watches as tear gas is fired to disperse a crowd on August 17.

Police stand guard before the midnight curfew on Saturday, August 16.

People loot the Ferguson Market and Liquor store on August 16. Several businesses were looted as police held their positions nearby.

Missouri State Highway Patrol officers listen to taunts from demonstrators during a protest on Friday, August 15.

Demonstrators protest with their hands up on August 15. The "hands up" gesture has become a symbol in protests as Brown, according to eyewitnesses, was trying to surrender when he was shot multiple times.

Police confront demonstrators on August 15.

A demonstrator throws a tear gas canister back at police on August 15.

Police confront demonstrators on August 15.

Thousands of demonstrators march down a Ferguson street with members of the St. Louis County Police and the Missouri State Highway Patrol on Thursday, August 14.

Demonstrators hold signs as traffic moves slowly past them on August 14.

State Highway Patrol Capt. Ron Johnson smiles at demonstrators on August 14. Johnson was appointed to lead security as state troopers took over after days of clashes between protesters and local police.

The Rev. Traci Blackmon uses a megaphone to talk to a large group of demonstrators on August 14.

A man picks up a flaming bottle and prepares to throw it as a line of police advance in the distance on Wednesday, August 13.

Police stand in clouds of smoke as they clash with protesters on August 13.

An Al-Jazeera television crew runs for cover as police fire tear gas at its position on August 13. Video and images on social media showed police later breaking down the journalists' gear.

She says his administration has not achieved much progress on racial profiling

Syed: Profiling is route by which many minorities become trapped in criminal justice system

Legislation to curb profiling should be a key priority for Obama, she says

Editor's note: Nafees Syed is a writer and recent graduate of Yale Law School. She formerly was on the staff of the U.S. House of Representatives Judiciary Committee, where she worked on civil rights issues and racial profiling. The opinions expressed in this commentary are solely those of the author.

(CNN) -- President Obama's remarks Thursday on the death of Michael Brown were an echo of his powerful 2013 speech on Trayvon Martin's shooting. Notably absent was any mention of race.

A year ago, the acquittal of Trayvon Martin's shooter sparked protests across the United States. Martin was 17 and armed with nothing more than a bag of Skittles candy. Protestors believed that Florida's self-defense law helped enable civilian George Zimmerman to racially profile Martin and justify shooting him in self-defense. Studies had found that whites who kill blacks are more likely to be found justified in "stand your ground" states like Florida.

Now, a police officer's fatal shooting of Michael Brown, an African-American, in Ferguson, Missouri has reignited the discussion about racial injustice in America. Brown was 18 and planned to start college this week. Witnesses said he was shot multiple times when he refused to comply with an officer's order to "get the f--- onto the sidewalk" or "get the f--- out of the street."

Although the identity of the officer has not been released, a witness who was walking with Brown at the time told CNN that the officer is white. In a primarily black city, only three of Ferguson's police officers are African-American. Facebook and Twitter are abuzz with #iftheygunnedmedown, where young men and women pair a rebellious image of themselves next to a telegenic, shirt-and-tie one to highlight societal stereotypes of minorities.

In response to what has become another debate of national -- and racial -- proportion, President Obama advised on Tuesday: "We should comfort each other and talk with one another in a way that heals, not in a way that wounds." He alluded to the protests and looting in St. Louis. The looting was opportunistic, people taking advantage of a tragedy as a cover for criminal activity. And some of the unrest was a cry for help, desperate acts to get attention from a criminal justice system that has not adequately addressed problems of racial injustice in America.

But there is a major difference between the way the President addressed race in his Trayvon Martin speech and his Michael Brown remarks Thursday. It is representative of the growing disconnect between an administration that has promised to alleviate racial injustice, and a community in which there is a strong sense of disappointment.

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After President Obama's lyrical speech on race during his 2008 presidential campaign, minorities and civil rights groups expected the election of a black president to be more than just symbolic. This hope was solidified in the president's selection of the first black U.S. attorney general in 2009.

While his first term reflected a lull in civil rights legislation, President Obama's 2013 speech on Trayvon Martin promised more. He emphasized the importance of racial profiling legislation, even though Zimmerman was a civilian and such legislation affects law enforcement. He indicated a new focus on such laws and described the one he had successfully passed as a state senator in Illinois. The President also suggested he would work on improving conditions for young black men to succeed and called for the examination of state and local laws like the Florida "stand your ground" laws.

However since then, not much has happened. The special nature of state police powers has made federal action difficult. About two dozen states have passed self-defense laws similar to the Florida one that may have helped lead the jury to exonerate Zimmerman, but not one state has repealed them.

Even on a federal level, the U.S. Commission on Civil Rights, a Senate Judiciary hearing and Justice Department investigations have produced no solutions on such laws and the racial profiling that is inherent in their enforcement. The Justice Department considered filing a civil rights lawsuit against George Zimmerman, but did not. In addition, the administration has not made a strong effort to rally Congress around racial profiling legislation.

In the meantime, allegations of racially biased actions by police have flitted across headlines, such as the New York Police Department's "stop and frisk" policy and chokehold incidents that disproportionately affect blacks.

Social media and activism has brought underreported stories and photos to the forefront: for example, the case of Darren Rainey, a mentally ill Florida prisoner whose skin separated from his body when guards locked him into a 180-degree shower, originally garnered only local media attention. Now the petition to the U.S. Department of Justice to investigate his death has over 160,000 signatures across the nation.

President Obama was right in encouraging talking and reflection, in criticizing Ferguson police for harassing peaceful protestors and journalists, and in involving the Missouri governor in crisis resolution. But he is speaking to an audience that wants more. The president should take proactive measures to address the Michael Brown case in particular, and racial injustice in general.

Unlike the Justice Department's previous investigation, news of which came and went with the news of the Trayvon Martin protests, the FBI and Justice Department's investigation into Brown's death needs to be thorough, transparent and broadcast to the public.

Most importantly, the administration should make racial profiling legislation a top priority. Eliminating racial injustice in the criminal justice system is an almost Sisyphean task because of the many levels -- surveillance, arrest, conviction, sentencing and imprisonment. The roots of injustice are deep and tangled. The factors that lead to tragedies such as the death of Michael Brown are entwined with the human psyche, implicit bias and socioeconomic factors that are beyond the government's control.

Racial profiling legislation in particular is valued because it attacks the issue at its origin. By preventing law enforcement from disproportionately targeting ethnic minorities for investigation, interrogation and arrest, we affect the later stages of the justice system. Through training and monitoring, we change the culture of our police and court systems.

In 2003, as a state senator in Illinois, Obama did pass such a bill with unanimous support. The state legislation called for the collection of data on traffic stops and the race of the person who was stopped -- a measure that can be extended more broadly for a national bill. His bill also trained police departments on professionalization and avoiding racial biases.

The U.S. Congress has been less receptive to such measures. Despite the many cries for change, the efforts of Sen. Ben Cardin and Rep. John Conyers to pass the End Racial Profiling Act in Congress have been unsuccessful. But with the same fierce diplomacy that passed healthcare reform through a recalcitrant Congress, President Obama can rally Congress to honor Michael Brown, a promising teenage boy whose tragic death could have been prevented by racial profiling legislation.

President Obama is our best chance for the "more perfect union" he called for as a presidential hopeful in 2008.